hi all. wondering if anyone had any thoughts on Posner as the mediator. His selection is very intriguing. I'm a third year law student, and I can tell you, he is one of the legal minds that law students are tough to revere. He is in the same class as Holmes, Cardozo, etc. Also, is "mantra" of law and economics makes his selection especially juicy, because on first sight, I think this helps MSFT considerably, although some would argue (Washington Post editorial) that he is too unpredictable to guage.
He once published a seminal work on Antitrust law, in which he stated that given true market forces, he did not think it was possible for one corporation or company to grow so dominant (read: immune from market forces) so as to fix prices, or otherwise harm consumers. Indeed, harming consumers seems to be his criteria by which to judge antitrust actions. I think that bodes well for MSFT. His concept of the interplay between law and econimics is that the best course of action is always that which is most economical; it is almost an utilitarian point of view (but much too complex to simply pigeon hole as utilitarian). He once wrote a book on Sex and Economics (the title was something close to that) in which he stated that people looked to factors such as cost-benefit and ease of finding a mate, when choosing a mate. Thus, he stated that's the reason higher than average instances of homosexuality occurs in all male schools. This should give you an idea of how economic-centric his thinking is.
I was wondering if anyone else had anythoughts on Posner as the mediator?
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